HomeMy WebLinkAbout1999-04-13; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL DATE OF MEETING: April 13,1999
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6.00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Mayor Lewis, Mayor Pro Tern Hall, Council Members Finnila, Nygaard,
Kulchin
None
APPROVAL OF MINUTES:
On motion by Mayor Pro Tern Hall, the Minutes of the following meetings were approved as presented:
Minutes of the Regular Meeting held March 16, 1999 - Nygaard - abstained.
Minutes of the Regular Meeting held March 23, 1999 - Finnila - abstained.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Dr. Harve Meskin for Alcohol Awareness Month, April, 1999.
Mayor Lewis presented a Proclamation to Marva Bledsoe, Executive Director of the Women’s Resource
Center, for Sexual Assault Awareness Month, April, 1999.
Mayor Lewis introduced Police Chief Bob Vales and Fire Chief Dennis Van Der Maaten who presented
a Proclamation to Dispatchers Simone Wynn and Terry Presnall for Public Safety Dispatchers
Appreciation Week, April 1 l-l 7,1999.
CONSENT CALENDAR:
Item #l was removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items # 1 through #9, with the exception of Item #l as follows:
AYES: NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
81 1. AB #15.129 - ACCEPTANCE OF DONATIONS.
This item was removed from the Consent Calendar.
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April 13,1999 CITY COUNCIL Page 2
50 2. AB #15,130 - REOUEST TO DESTROY RECORDS.
Council adopted RESOLUTION NO. 99-119, authorizing destruction of certain files in the
Finance Department.
85 3. Al3 #15.131- VISTA WINTER REGIONAL EMERGENCY SHELTER.
Council adopted RESOLUTION NO. 99-120, appropriating $4,688 from the Housing Trust
Fund for financial assistance to the City of Vista for the operation of the 1998-99 Winter
Regional Emergency Shelter.
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4. Al3 #15.132 - APPROVAL OF AGREEMENT WITH BAKER & TAYLOR FOR
PROCESSING AND CATALOGING VALUE-ADDED-SERVICES FOR THE CARLSBAD
LIBRARY.
Council adopted RESOLUTION NO. 99-121, approving an agreement with Baker & Taylor to
provide cataloging and processing value-added-services for the Carlsbad City Library.
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5. Al3 #15,133 - APPROVAL OF AGREEMENT WITH J & H MARSH & MCLENNAN FOR
SAFETY CONSULTING SERVICES.
Council adopted RESOLUTION NO. 99-122, approving an agreement with J & H Marsh &
McLennan for safety consulting services.
6. Al3 #15.134 - APPROVAL OF OUITCLAIM OF COVENANT FOR EASEMENT. ARROYO
LA COSTA, UNIT NO. 2 - CT 88-3.
Council adopted RESOLUTION NO. 99-123, quitcIaiming a Covenant of Easement recorded as a condition of approval of Arroyo La Costa, Unit No. 2, to Villages of La Costa Southwest LLC.
7. AB #15.135 - ENDORSEMENT OF SITING A UNIVERSITY OF CALIFORNIA CAMPUS IN
THE CITY OF CHULA VISTA.
Council adopted RESOLUTION NO. 99-124, endorsing the siting of a University of California
campus in the City of Chula Vista.
8. Al3 #15.136 - APPROVAL OF AGREEMENT WITH SPECIAL DISTRICT FINANCING AND
ADMINISTRATION FOR ADMINISTRATIVE SERVICES - CFD NO. 1.
Council adopted RESOLUTION NO. 99-125, approving an agreement with Special District
Finance and Administration to perform administrative services for Community Facilities District
No. 1.
9. AI3 #15.137 - APPROVAL OF AGREEMENT WITH OUEEN K ADVERTISING FOR THE
CITY OF CARLSBAD INTERNET WEB SITE.
Council adopted RESOLUTION NO. 99-126, approving an agreement with Queen K
Advertising for the purpose of designing, constructing and implementing Phase I of the City of
Carlsbad Internet Web Site.
April 13,1999 CITY COUNCIL Page 3
ITEMS REMOVED FROM CONSENT CALENDAR:
81 1. AB #I 5.129 - ACCEPTANCE OF DONATIONS.
Pam Whitcomb and Patricia Burress, Co-Chairs of the Holiday Festival of the Trees, presented a check
for $10,000 to the Carlsbad Arts Office for the Carlsbad Art Gallery at the new Library.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
99-118, accepting a donation from the Aviara Community Fund for the Carlsbad
Art Gallery, to be used for the operation, exhibitions and educational
programming at the Gallery.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
PUBLIC COMMENT:
None.
ITEM TAKEN OUT OF ORDER:
The following item was taken out of order and heard at this time:
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14. AEQU5.141 - GROWTH MANAGEMENT CIRCULATION DEFICIENCIES. MITIGATION
PROGRAM FOR THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO
REAL. AND ADOPTION OF AN URGENCY ORDINANCE.
Community Development Director Marty Orenyak and Public Works Director Lloyd Hubbs presented a
report on the deficiency and presented two alternative plans for Council consideration as contained in the
Agenda Bill. Both alternatives include a moratorium. Alternate #l would be a moratorium in Zones 5,
10, 15, 16, 17, 18,20 and 2 1. Alternative #2 would be a moratorium in Zones 5 and 17 for 45 days while
an analysis is conducted on the other zones. Mr. Orenyak also stated that if the Ordinance is adopted,
which prohibits the issuance of permits, staff would need clear direction concerning applications/projects in the pipeline. He recommended that in Zone 5, Council consider that those in Plan Check as of this
date would be exempted.
Robert Lichter, Lichter Satellite, 610 W. Ash Street, #1400, San Diego, indicated that his project in Zone 5 contains several amenities, such as restaurants, that will service employees and businesses in the area
and stem traffic flow. He sees community benefits in his project going forward and expressed concerns
because he bought what he thought was an entitled parcel. He also expressed support of Alternative #l .
Skip Schaunce, PO Box 1528, Ranch0 Santa Fe, asked that Council show consideration for those projects
that have built shells, so they can be permitted to make tenant improvements to the interiors of those
buildings. He supported Alternative #l .
Gary Katz, 6480 Weathers Place #245, San Diego, representing Legacy Partners, expressed concern that
the moratorium will cause a serious impact on Via Sat and other tenants who may not already have
permits for interior improvements.
Jan Sobel, Carlsbad Chamber of Commerce, 5620 Paseo de1 Norte, suggested other alternatives to the
alleviation of the traffic deficiencies, such as giving incentives to businesses who reduce traffic in the
form of a reduction in business license fees. Stating that this was a Regional Issue, she asked that neighboring cities be urged to complete the east/west arterials to alleviate the traffic impacts.
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Jerry Livingston, 6336 Greenwood Drive, Suite A, representing the Building Industry Association, stated
that the builders needed to be brought into the process earlier to work with staff on ways to solve the
problem. He stated that this is a Regional Issue and he expressed concern about the agreement proposed
by staff, noting it would be requiring developers to sign a blank check.
Mark Rohrlick, 2141 Palomar Airport Rd., Suite 300, representing the Bressi Ranch Project, encouraged
a broad based program recognizing long term solutions. He expressed concern about fees and signing an
agreement with an unknown fee, and favored Alternative #1.
Larry Jett, owner of Lot 65, stated he has three building permits in the area and tenants ready to move in.
He asked what the impact will be on projects needing tenant improvements.
Robert Irish, 1034 Stratford Court, Del Mar, indicated that he has just pulled a building permit for a
65,000 sq. ft. building and wished he would have had more warning as this may affect his negotiations
with a major tenant. He stated he would chose Alternative #l but is not satisfied with either alternative.
Geoff Bell, 3686 Highland Ave., stated that he has sympathy for the businessmen caught in this pinch. He expressed the opinion that the citizens and the quality of life in Carlsbad must be protected, which is
the purpose of the Growth Management Plan.
Mitch Ritschel, 5900 La Place Court, representing Spieker Properties, indicated that he had sent a letter
to the Mayor and Council stating his views. (A copy of the letter is on file in the City Clerk’s Office.)
He stated that he believes projects that are in the pipeline, or in plancheck, should be exempt from a
moratorium. He favors Alternative #l for projects that would not be exempt.
Council discussion reflected a desire for a two-week continuance to allow an opportunity for those in the
area who are affected to develop a financial plan to guarantee the completion of the east/west arterials:
Melrose, Faraday, and Poinsettia; to provide an adequate definition for projects “in the pipeline”, and for “tenant improvements” and for what exemptions should be made; and to look at updated traffic models,
mitigation programs and regional funding. Council also requested that neighboring cities be notified of
the impacts of regional traffic on the road.
ACTION: On motion by Mayor Pro Tern Hall, the item was continued for two weeks.
AYES:
NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin None
RECESS:
Mayor Lewis declared a recess at 7:29 p.m. and Council reconvened at 7:40 p.m. with four Council
Members and Mayor Lewis present.
April 13,1999 CITY COUNCIL Page 5
PUBLIC HEARINGS:
10. AB #15.138 - SNC 98-03 - LEG0 DRIVE STREETNAME CHANGE.
Mayor Lewis opened the duly noticed Public Hearing at 7~42 p.m. Seeing no one wishing to testify,
Mayor Lewis closed Public Hearing at 7:42 p.m.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
127. approving a street name change, renaming Lego Drive to Legoland Drive,
in the Northwest Quadrant of the City, in Local Facilities Management Zone 13.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
11. Al3 #15,139 - CT 98-06/CP 98-05/HDP 98-04/CDP 98-27 - POINSETTIA SHORES
PLANNING AREA C.
Planner Anne Hysong gave the staff report as contained in the agenda bill, and referred to the two memoranda from the Planning Director, dated April 13, 1999, regarding suggested additions to the
conditions of approval.
Mayor Lewis opened the duly noticed Public Hearing at 7:45 p.m.
Stan Weiler, of Hoffman Planning Associates, 5400 Pasteur Court, representing the Applicant, Greystone
Homes, Inc., 5973 Avenida Encinas, Suite 101, concurred with the staff report and the conditions of
approval including those contained in the memoranda referenced by staff. He stated that he believes the
development would be an asset to the community and asked for the Council’s approval.
Nancy Scull, attorney with Lute, Forward, Hamilton and Scripps, 600 W. Broadway, San Diego,
provided Council with definitions of “separate interests” and “undivided interests” as they apply to
condominium ownership.
Clay Walters, 7541 Navigator Circle, President of the Rosalena Homeowners Association, spoke in
opposition to the project. He stated that the density of the project is too high; it has few recreational
amenities; and the proposed gated access on Navigator Circle is not acceptable to their association. He asked what the plans are for color, construction and acoustics for the wall that faces his community.
Lynn Donnelly, 618 Compass Ct., expressed concerns about potential overwatering on Area “C” and
subsequent drainage problems to Area “B” stemming from this project.
Karen Donnelly, 618 Compass Ct., expressed concern about the master trail. It’s supposed to go around the whole community and Rosalena; however, that portion is in litigation, and not constructed.
Therefore, people will cut through her lot to hookup to Windrose Circle to walk to the beach.
Tania Davies, 7572 Navigator Circle, suggested that the wall design be more open to provide views of
the lagoon. She also expressed her concern for the increase in traffic if access is allowed on Navigator
Circle.
Jim Gault, 7552 Navigator Circle, expressed his preference for open fencing rather than closed walls. He
also expressed his support for the Navigator Circle access to be an emergency access only. He also
reported that the Rosalena HOA has met with Coastal Commission staff who are considering removing
the trail behind Rosalena and adding a third vista on the southwest comer of the point.
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Connie Walters, 7541 Navigator Circle, expressed concern about the density of the project and
emphasized that there are no recreation or open areas in area “C”, giving the impression of all concrete
and walls.
Fay Ison, 7540 Navigator Circle, expressed concern regarding additional traffic on Navigator Circle, and
asked that the access not be allowed.
Sandra Bullock, 7506 Navigator Circle, and a member of the of the Home Owners Association, stated
that the area “C” entrance to Navigator Circle was not acceptable as this is a narrow private road, where parking is not even allowed. She also questioned the plans for walls that blocked the views.
Stan Weiler, representing the Applicant, in rebuttal, stated that the density of the project falls below the requirements of the Growth Management Plan. Recreation areas with several amenities are located in
area “M” and will be available to occupants of area “C”. He stated that ingress and egress through the
gate on Navigator Circle is required for public safety. Any damage caused by drainage from area “C”
will be assumed by area “C”. He also reported that there is an existing maintenance agreement for
Navigator Circle, and that Greystone pays a portion of the maintenance costs under the agreement.
The Public Hearing was closed at 8:45 p.m.
ACTION:
On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99- 128, approving a Negative Declaration, Tentative Tract Map, Condominium
Permit, Hillside Development Permit and Coastal Development Permit to
subdivide 9.64 acres of the property into a total of 40 lots including 28 duplex
residential lots and 56 condominium units on property generally located south of Avenida Encinas between I-5 and Windrose Circle, in Local Facilites Zone 9,
AS AMENDED as follows:
1. That condition #26 of Planning Commission Resolution No. 4661 is
amended to read . ..” Regardless of whether the City accepts the trail(s)
dedication, the subject trail(s) shall be installed and made available to the general public prior to the occupancy of any unit within Planning Area C. In
the event that a Citywide Open Space Maintenance District is not formed,
maintenance responsibilities shall be assumed by the Master Homeowners
Association.”
2. That condition #7 is added to Resolution No. 99-128 to read . . .“That this
project could have a potentially significant cumulative traffic impact on the Palomar Airport Road/El Camino intersection. However, this project has
been conditioned to pay its fair share of the “short term improvements”
thereby, guaranteeing implementation of a mitigation measure that reduces
the potential impact to a level of insignificance.
3. That Planning Commission Resolution No. 466 1 is further amended by the addition of the following conditions:
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a. “The developer shall pay its fair share for the “short term
improvements to the El Camino Real/Palomar Airport Road
intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The
amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase
in the citywide traffic impact fee; an increased or new Zone
9 LFMP fee; the creation of a fee or assessment district; or
incorporation into a Mello-Roos taxing district.”
b. “The developer shall consult with surrounding homeowners
to determine the most aesthetically pleasing design for
walls/fences not required to mitigate noise that are located
along the project’s Navigator Circle frontage. The final
design shall be subject to approval of the Planning
Director.”
C. “Off-site drainage to unapproved drainage courses is
prohibited. This shall be enforced and maintained by the Planning Area C Homeowners Association and/or Poinsettia Shores Master Homeowners Association.”
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
113 12. AB #15.143 - SDP 98-09lCDP 98-38 - POINSETTIA PROPERTIES PLANNING AREA 5.
The duly noticed Public Hearing was opened at 9: 12 p.m.
Lydia Tan, Vice-President, Bridge Housing Corporation, 1 Hawthorne Street, Ste. 400, San Francisco,
thanked staff for their work on this project and asked Council for approval.
Bill Warrick, 7521 Navigator Circle, expressed support for the project.
The Public Hearing was closed at 9: 14 p.m.
ACTION:
On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
132, approving a Site Development Plan and Coastal Development Permit to
construct 92 affordable apartment units on property generally located near the northwest comer of Poinsettia’Lane and Avenida Encinas, AS AMENDED by the addition of a condition to modify Planning Commission Resolution No.
45 14, Condition No. 28 to read as follows: “ . . .If grading occurs within 100 feet
of any wetland area (including a grading permit for stockpiling purposes), the applicant shall supply the City with a letter from the U. S. Fish and Wildlife
Service approving a reduced buffer.
AYES: NOES:
Lewis, Hall, Finnila, Nygaard, Kulchin
None
April 13,1999 CITY COUNCIL Page 8
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING:
Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 9:15 p.m. Council
reconvened at 9:53 p.m. with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
93 13. AB#15.140 - APPROPRIATIONS OF SEWER OPERATIONS UNRESERVED FUNDS AND
SETTING PUBLIC HEARING.
ACTION: On a motion by Mayor Pro Tern Matt Hall, Council adopted RESOLUTION
NO. 99-129, approving the transfer of funds from the Sewer Operations Fund
balance to the Sewer Fixed Asset Replacement Fund, and setting May 4, 1999, for the public hearing to consider adjusting sewer rates.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
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14. AB#15 114 1 - GROWTH MANAGEMENT CIRCULATION DEFICIENCIES, MITIGATION
PROGRAM FOR THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL, AND ADOPTION OF AN URGENCY ORDINANCE.
This item was taken out of order and heard earlier in the meeting (see page 3).
76 15. AB# 15.142 - PLANNING COMMISSION APPOINTMENT.
Council Members nominated the following persons for appointment to the Planning Commission:
Council Member Kulchin - Seena Trigas
Council Member Nygaard - Seena Trigas
Council Member Finnila - William Kamenjarin Mayor Pro Tern Hall - Seena Trigas
ACTION: On motion by Mayor Pro Tern Hall Council adopted RESOLUTION NO. 99-131,
appointing Seena Trigas to the Planning Commission.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
28 16. AB#15.049 - HOUSING COMMISSION APPOINTMENTS.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-32, appointing the following members to the Housing Commission:
Four-Year Terms: Ed Scarpelli (at large member) Bob Rose (Rental Assistance - Senior) Roy Latas (Rental Assistance - General)
Two-Year Term Jim McNeil (at large member) Vacant (continued to a future meeting)
AYES: Lewis, Hall, Fiunila, Nygaard, Kulchin NOES: None
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April 13,1999 CITY COUNCIL Page 9
28 17. AB#15,013 - ARTS COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 99-23,
appointing Jim O’Meara to the Arts Commission.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
Hilton Garden Inn Groundbreaking, to be held on Wednesday, April 14, 1999, at 10 a.m. at 6450
Carlsbad Blvd., Carlsbad.
National Volunteer Week Recognition Event, to be held on Thursday, April 15, 1999, at 12 noon
at the La Costa Resort and Spa, 2100 Costa Del Mar Road, Carlsbad.
73’d Assembly District City Council Breakfast, to be held on Friday, April 16, 1999, at 8 a.m. at
the Longboarder Cafe, 228 N. Coast Highway, Oceanside.
8’ Annual Peace Officers Charity Banquet, to be held Friday, April 16, 1999, at 6 p.m. at the
Sheraton Hotel , 1380 Harbor Island Drive, San Diego.
Carlsbad Adult Learning Program Annual Potluck, to be held Saturday, April 17, 1999, at 5 p.m.
at the Harding Community Center, 3096 Harding Street, Carlsbad.
COUNCIL REPORTS AND COMMENTS:
Council Member Finnila stated that she and Mayor Lewis will be meeting with representatives of the
American Eagle Commuter Airline, who have indicated that they will be discontinuing service at Palomar Airport beginning June 1, 1999.
CITY MANAGER COMMENTS:
None
CITY ATTORNEY COMMENTS:
None
April 13,1999 CITY COUNCIL Page 10
ADJOURNMENT:
By proper motion, the Regular Meeting of April 13,1999, was adjourned at 10: 17 p.m.
Respectfully submitted,
ti/ttaA+
ALETHA L. RAUTENKRANZ City Clerk
Lorraine M. Wood
Deputy City Clerk